Remanded

Vellaiyan, Aged 40 Years, v. the State of Tamil Nadu

Madras HC23 Jul 2018CRL OP/18477/2018

Case brief

AI extract

What is this about?

The Court directed the Special Court in Salem to dispose of the pending trial of SPL.C.C.No.2 of 2015 within six months. This was in response to allegations of pressure on a defacto-complainant and an eight-year delay in the proceedings.

What did the court decide?

The Special Court is directed to dispose of the trial within six months from the date of receipt of the order.

Vellaiyan, Aged 40 Years, Vs the State of Tamil Nadu — Criminal Trial and Appeal | Madras HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated : 23.07.2018

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CORAM

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THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN

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Crl.O.P.No.18477 of 2018

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Vellaiyan ... Petitioner

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Vs.

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1 State of Tamilnadu represented by The Deputy Superintendent of Police, Vigilance and Anti-Corruption, Salem. 2 A.Chinnasamy ... Respondents Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the learned Special Judge(Special Court for trial of Cases under the Prevention of Corruption Act) Salem to conduct the trial of the Spl.C.C.No.2 of 2015.

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For Petitioner : Mr.M.Devaraj For Respondent-1 : Mr.K.Prabakar Additional Public Prosecutor ORDER

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This Criminal Original Petition has been filed seeking to direct the trial Court to conduct the trial in Spl.C.C.No.2 of 2015.

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2 The petitioner herein is the defacto-complainant in the trap case. Specific allegation is made by the defactocomplainant that, the accused is putting pressure on him to support him and not the prosecution and for that reason he is protracting the proceedings. From the record, this Court finds that the case, which was registered in the year 2010, has not taken for trial even after eight year. The reason for the delay is also stated in the petition which indicates that the accused person consecutively filing petitions for one reason or other which has caused inordinately delay. The petitioner herein, who is the defacto-complainant now alleges pressure on him to turn hostile.

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3 Taking note of the fact that, the matter is pending for nearly eight years and there is threat to the Defacto-

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https://hcservices.ecourts.gov.in/hcservices/

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complainant from the accused person, it is necessary to take appropriate action if the allegation made by the petitioner is true further to direct the trial to dispose the case within reasonable time. Hence, the trial Court is directed to dispose of the trial within a period of six months from the date of receipt of a copy of this order and report.

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Sd/Assistant Registrar(CS VIII)

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//True Copy//

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Sub Assistant Registrar

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*Copy marked as per order of this court, dated :20/09/2018 Sd/Assistant Registrar (CS-VIII ) Dated : 27/09/2018 rpl To 1 The Deputy Superintendent of Police, To be substituted in Vigilance and Anti-Corruption,Salem. in the place order dispatched on 28/8/18 2 The Public Prosecutor, High Court, Madras. *3. The Special Judge, (Special Court for Trial Cases under the Prevention of Corruption Act) Salem +1cc to Mr.M.Devaraj, Advocate sr.no.48855

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Crl.O.P.No.18477 of 2018 nr 02/08/2018 GMY (27/09/2018)

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https://hcservices.ecourts.gov.in/hcservices/

Vellaiyan, Aged 40 Years, v. the State of Tamil Nadu

Case brief

What is this about?

What did the court decide?

Vellaiyan, Aged 40 Years, v. the State of Tamil Nadu

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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